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Project Development Process

(PDP) An Overview
Richard Worssam, P.E.
Assistant State Location & Design
Engineer

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Project Development Process

Definition
Background
Methodology
Challenges
Opportunities
Interactive Discussion

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Definition - PDP
The Project Development Process is the use of multidisciplinary concurrent efforts to develop
transportation projects from inception to
construction.

Work is accomplished in parallel rather than in series


Requires the active involvement of all project development
players throughout each of the development phases
Concurrent efforts bring about the design in its final form
Maintains commitment of concurrent design activities
established in 1998
This concept accelerates project development, but comes
with serious and potentially costly risks, cost of re-work
being the most significant
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Background
2010 Performance Audit Action Item #26:
Develop a project-specific risk assessment methodology that
should be a required task in the project planning phase. The
project risk assessment should provide the basis for
concluding that a low-risk project would not be subject to
certain control reviews such as the review of signed and
sealed plans by Central Office Location and Design
I&IM 249.3 implements a two-tier project system addressing Item
#26.

Tier 1 = all maintenance schedules, SAAPs and NFO < $5M Construction
Cost
Tier 2 = all FO, all NFO > $5M, and all projects designated as Design Build
at the Scoping stage

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The Process
The Project Development Process
VDOTs Approved Process
Focus on Teamwork
Based on 5 Phases

Scoping
Preliminary Design
Detailed Design
Final Design and ROW Acquisition
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The Old Process

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The New Process

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The New Process

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The Process
What the PDP isnt:
Completely rigid or inflexible

BUT BE CAREFUL!!!!
Many of the steps are legal requirements.

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Legal Hierarchy - Federal


Code of Federal Regulations (CFR)
CFR Sections that pertain to Highways
Title 23 Highways FHWA
Title 33 Navigation and Navigable Waters Corps
of Engineers, Coast Guard
Title 36 Parks, Forests, and Public Property
Title 40 Protection of the Environment
Environmental Protection Agency, Council on
Environmental Quality / NEPA
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The Bottom Line

Place a penny of federal money on a project


and instantly federalize it

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Legal Hierarchy Commonwealth of


Virginia
State Constitution
Code of Virginia Statutes
Virginia Administrative Code Regulations
Local Code/Ordinance

http://www.municode.com/

Road Building is a Concurrent Power


(Responsibility) between national, state and local
governments
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The Reality
A roadway project developed by the State, utilizing both
Federal and State funding sources, must be developed in
accordance with Federal and State Law
VDOTs Chief Engineer and Chief of Planning and Programming
have directed that construction and maintenance and
operations programs be developed so as to meet Federal
Obligation Authority targets

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The Legislative History - Federal

Code of Federal Regulations


Title 23 Highways

April 1, 1999 561 pages


April 1, 2013 629 pages (+12%)

Title 33 Navigation

July 1, 1999 2,024pages


July 1, 2013 2,419 pages (+17%)

Title 36 Parks & Public Property


July 1, 1999 1,558 pages
July 1, 2013 2,016 pages (+29%)

Title 40 Protection of the Environment

July 1, 1999 24 Volumes, 16,221 pages


July 1, 2013 34 Volumes, 25,954 pages (+60%)
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The Legislative History - Virginia


Code of Virginia
Highway Laws of Virginia
June 30, 1998 646 pages
June 30, 2011 1089 pages (+68%)

Virginia Administrative Code


Title 24 Transportation and Motor Vehicles
Agency 30 Department of Transportation
45 Chapters

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The Bottom Line

As our legal/governance systems become


increasingly complex, we must constantly
strive to educate ourselves in order to
navigate them effectively
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The PDP Scoping Phase

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The PDP Scoping Phase


Interstate Access Points
23 U.S.C 111- Interstate Access (IJR/IMR)
Project Delivery Method
23 CFR 636 Design Build Contracting
56-556 to 575 Public-Private Transportation Act of 1995
Bicycle and Pedestrian Accommodations
23 CFR 652 Pedestrian and Bicycle Accommodations
33.1-23.03 Statewide Pedestrian Policy
March 18, 2004- CTB Policy for Implementing Bicycle and
Pedestrian Accommodations

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Scoping Regulations

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The PDP Scoping Phase


Embrace Context Sensitive Solutions (CSS) to
engage stakeholders and manage expectations
Determine public involvement strategy
Determine project delivery method
Determine tier level
Discuss the scope and get buy-in from team
members
Include bicycle and pedestrian components
from the start
Include all necessary schedule activities
IJRs and IMRs are to be completed in this
phase
Phase ends with Preliminary Field Inspection
and Approved Scope
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The PDP Scoping Phase


Whats Missing at this Stage of the Game?
NEPA
National Environmental Policy Act
42 U.S.C. 4321-4347
23 CFR 771
49 CFR 662
4VAC25-130-740.4
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Tier 1 Exercise - Scoping

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Tier 1 Exercise - Scoping

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Tier 1 Exercise - Scoping

Secondary Road Bridge Replacement


Functional Class: Rural Major Collector
Traffic Count: 545 VPD
Posted Speed: Not Posted
Bridge Width: 24
What issues do you need to think about as
you prepare to scope the project?
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Tier 1 Exercise - Scoping

Environmental Impacts
Road Closure or Staged Construction?
Utility Impacts
Typical Section
Coast Guard Permit?
Others?

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The PDP Preliminary Design Phase

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The PDP Design Phase


Preliminary MOT/TMP

23 CFR 630.1012 Project-level Procedures

Refers to Traffic Management Plans and requires state to develop a


Temporary Traffic Control (TTC) plan, a Traffic Operations (TO) and a
Public Involvement (PI) plan

Value Engineering

23 CFR 627.1 Value Engineering All NHS projects above $25M in total cost
33.1-190.1 Value Engineering required in certain projects Any project,
any highway system more than $5M in construction cost

Access Management

33.1-198.1 Access Management Standards


24 VAC 30-73 Access Management Regulations for Principal Arterials,
Minor Arterials and Collectors

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The PDP Preliminary Design Phase


Initial Noise Abatement Design

23 CFR 772.11 - Noise Abatement


33.1-223.2:21 Noise Abatement Practices and Technologies

Public Involvement

23 U.S.C. 128 Public Hearings


23 CFR 771.111 h(1)
Each State must have procedures approved by the FHWA to carry
out a Public Involvement/Public Hearing program pursuant to
23 U.S.C. 28 and 40 CFR 15 parts 1500 through 1508.
33.1-18 Location of Routes
24 VAC 30-380-10 Public Participation Guidelines
The publication of a notice of willingness to hold a public hearing,
with no public request for a hearing by the expiration date will
satisfy any public hearing requirements.
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The PDP Preliminary Design Phase


Limited Access Control Changes

33.1-58 Power and Authority of the Board to establish, modify or


extinguish limited access
Tier 1 or Tier 2 Projects: By Commonwealth Transportation Board

Location Approval

33.1-269.7 General Powers of Board Vacate or change the location of


any portion of any public highway.
Tier 1 or Tier 2 Projects: By Commonwealth Transportation Board

Design Approval

Tier 1 Projects: By VDOT District Project Development Engineer


Tier 2 Projects: By VDOT Chief Engineer
23 CFR 771.111 h(2-vi) Submission to the FHWA of a transcript of each
public hearing and a certification that a required hearing or hearing
opportunity was offered.

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Preliminary Design Regulations

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The PDP Preliminary Design Phase


Maintenance of Traffic and Sequence of
Construction plans do not make up a Traffic
Management Plan (TMP). They are just one
component of the TMP. Transportation
Operations and Public Involvement are the
other components.
The State VE requirements are more rigid than
the Federal.
Noise abatement design (potential sound
walls) work should begin as soon as scoping is
approved.
Changes to Limited Access Control are to be
completed in this phase
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The PDP Preliminary Design Phase


Opportunity for public involvement is a state
and federal requirement on projects that
require regulatory action. This does not
necessarily mean that you must conduct a
public hearing, you may just post a willingness
for a hearing.
Regulatory action includes, but is not limited
to, acquisition of property, approval of a NEPA
document, establishing or changing a limited
access freeway.
Some exceptions apply for Emergency,
Maintenance and Operations projects.
Phase ends with Design Approval
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Tier 1 Exercise Prelim. Design

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Tier 1 Exercise-Prelim. Design

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Tier 1 Exercise Prelim. Design

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Tier 1 Exercise Prelim. Design

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Tier 1 Exercise Prelim. Design

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Tier 1 Exercise Prelim. Design

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Tier 1 Exercise Prelim. Design

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Tier 1 Exercise Prelim. Design


Held Public Hearing on this design.
What could go wrong?

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Tier 1 Exercise Prelim. Design


Landowners at each end objected to land
taking.
Landowners got politicians involved.
Forced to redesign.

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The PDP Detailed Design Phase

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The PDP Detailed Design Phase


Final EA/FONSI (Finding of No Significant Impact)
23 CFR 771.119 &.121 Include provisions for review of public hearing
documents and recommendations of the applicant.

Final EIS/ROD (Record of Decision)


23 CFR 771.123 &.127 Include provisions for review of public hearing
documents and recommendations of the applicant.

Authorize Right-of-Way Total Take Parcels


25.1-417 General Provisions of Conduct of Acquisition If the
acquisition of only part of a property would leave its owner with an
uneconomic remnant, the agency concerned shall offer to acquire the
entire property.
23 CFR 710.501/503 Early Acquisition/Hardship Acquisition allows for
early acquisition if a hardship or a protective purchase. NEPA must be
complete.
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Detailed Design Regulations

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The PDP Detailed Design Phase


Approval to acquire right-of-way is a fairly
lengthy process, starting with public
involvement, design approval, NEPA document
approval, and state and federal acquisition
authorization.
Regulatory action includes, but is not limited
to, acquisition of property, approval of NEPA
document, establishing or changing a limited
access freeway
Phase ends with Field Inspection

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Tier 1 Exercise Detailed Design

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Tier 1 Exercise Detailed Design

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Tier 1 Exercise Detailed Design

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Tier 1 Exercise Detailed Design

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Tier 1 Exercise Detailed Design

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Tier 1 Exercise-Detailed Design


Plans Ready for Right of Way Acquisition?
Any foreseeable problems?

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The PDP Final Design & ROW Acquisition Phase

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The PDP Final Design & ROW Acquisition Phase


Right-of-Way Acquisition

23 CFR 710 Right-of-Way and Real Estate


49 CFR 24 Uniform Relocation Assistance and Real
Property Acquisition for Federal and Federally
Assisted Programs
25.1 - Eminent Domain
33.1-272 Condemnation of Projects and Property
33.1-300 Acquisition of Property

Utility Relocations

23 CFR 645 Relocation and Adjustment of Utilities


33.1-55, 56, 69.2 Relocation of Utilities
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The PDP Final Design & ROW Acquisition Phase

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The PDP Final Design & ROW Acquisition Phase


Approval to acquire right-of-way is a fairly
lengthy process, starting with public
involvement, design approval, NEPA document
approval, and state and federal acquisition
authorization.
Regulatory action includes, but is not limited to,
acquisition of property, approval of NEPA
document, establishing or changing a limited
access freeway

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The PDP Final Design & ROW Acquisition Phase


Utility Agreements
23 CFR 645 Utilities prescribes policies, procedures and
reimbursement provisions for adjustment and
relocation of utilities on federal aid projects
33.1-55, 56, 69.2 Relocation or removal of utility facilities
within projects on Interstate System; Relocation or
removal of utility facilities within projects on Interstate
System; additional provisions; Relocation or removal of
utility facilities within projects on Secondary System;

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The PDP Final Design & ROW Acquisition Phase


There are significant rules and requirements
when dealing with public and franchise utility
relocations. VDOTs Right of Way and Utilities
Manual, Vol. 2 is an excellent source for
relocation requirements.
Phase ends with the Pre-Advertisement
Conference.

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The PDP Final Design & ROW


Acquisition Phase
Stormwater Management and Erosion and
Sediment Control

62.1-44.15:24 - State Water Control Board (SWCB)shall permit,


regulate, and control stormwater runoff in the
Commonwealth.
62.1-44.15:52 - SWCB shall develop regulations for the
effective control of soil erosion, sediment deposition, and
nonagricultural runoff that shall be met to prevent the
unreasonable degradation of properties, stream channels,
waters, and other natural resources
9 VAC 25-870-10 - Virginia Stormwater Management Program
(VSMP) regulations
9 VAC 25-850 - Erosion and sediment control and stormwater
management certification regulations
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Tier 1 Exercise-Final Design

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Tier 1 Exercise-Final Design

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Tier 1 Exercise-Final Design

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Tier 1 Exercise-Final Design

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Tier 1 Exercise-Final Design

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The PDP Advertisement Phase

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The PDP Advertisement Phase


Environmental PS&E Re-Evaluation

23 CFR 771.129(c) After approval of the EIS, FONSI, or CE designation,


the applicant shall consult with the Administration prior to
requesting any major approvals or grants to establish whether or
not the approved environmental document or CE designation
remains valid for the requested Administration action. These
consultations will be documented when determined necessary by
the Administration.

Prepare for Advertisement

23 CFR 630 Preconstruction Procedures Subpart B Plans,


Specifications, and Estimates (PS&E) Requires that the PS&E
assembly be submitted to FHWA for their review on federal aid
projects.
23 CFR 635 Advertising for Bids and Proposals

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Advertisement Regulations

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The PDP Advertisement Phase


NEPA does not stop after the public hearing.
Assurance of compliance with all previously
attained approvals is a must to reach
construction approval.
FHWA reviews all PS&Es on federal oversight
projects. They have been treating all ARRA
funded projects as federal oversight as well.
Virginia Stormwater Management Program
(VSMP) permits must be acquired for all
projects with 1 acre (2500 Sq. Ft. in
Chesapeake Bay locales) of disturbed area
Phase ends with Advertisement
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The PDP - Challenges

Global economic and fiscal uncertainty


Legislative and programmatic changes
Expanding federal and state regulations
Increasing project complexity and/or difficult and
challenging project contexts
Dynamic environment with fluid priorities
Projects competing for limited resources
Public Interest / External Stakeholder involvement
Federal Obligation strategies
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The PDP - Opportunities


Utilize project management methodology and techniques to
increase predictability and control and improve project team
effectiveness
Streamlined and/or tailored project development processes
Strengthen stakeholder partnership (involvement and
communication)
Increase stakeholder and customer satisfaction
Agility, creativity, and innovation driven solutions that
employ flexible designs

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The PDP Interactive Discussion


Issues hindering full implementation of PDP
Cultural / Corporate
Financial
Professional
Personal / Individual

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The PDP Interactive Discussion


Potential Implementation Techniques
Contact Points / Communication Points
Critical Information Exchanges (What is it? Why
do I need to know it? How do I need to use it to
further develop the project? Who do I need to
share it with?)
Decision Points / Outcomes
PDP Phase Coordination

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Project Development Process


(PDP) An Overview
Richard Worssam, P.E.
Assistant State Location & Design
Engineer

TPMI 2014